Llanigraham
On Moderation
The judgement in Doug Paulley v FirstGroup is a good starting point.
Fine, that is in Court, and not what I asked.
How are you going to enforce it "on the ground"? You know, when dealing with REAL people at a station?
The judgement in Doug Paulley v FirstGroup is a good starting point.
I can’t agree with you here.
The guidance does not change the underlying law, which (the guidance itself states) remains silent on mobility scooters and does not absolutely require that they be accommodated. Albeit from a common sense perspective there is little practical difference between a scooter and a wheelchair in many situations.
It is right (and lawful) that TOCs should be able to distinguish between between mobility scooters and wheelchairs - for example to prevent the situation where a mobility scooter user refused to fold it thereby preventing a wheelchair passenger from boarding.
I don't think it is acceptable to continue with a two tier policy where the right to occupy a disabled space is governed by the type of wheeled mobility aid a disabled person uses. If the mobility aid meets reference dimensions and its user has protected characteristics then that's all that should be required to legally occupy spaces set aside for the disabled on public transport.
I'd expect anyone anywhere to know that making an announcement like that was an incredibly stupid idea, regardless of any of the rest of it.
But remember what that case is actually dealing with. It’s considering at what point a travel company (a bus company in this case) can be said to have discharged its duty under disability discrimination legislation. That point appears to be asking people to move from a disabled area and then taking further action (if reasonable), such as delaying a service, but stops short of compelling people to leave if they refuse.
That’s separate from the question of whether there’s any offence committed by people refusing to move from a disabled area. That case doesn’t make their selfish actions illegal per se (although liability might arise elsewhere, such as under railway bylaws, as per your earlier link).
There will be some cases where it does matter - one of GWR's specifications for scooters is an anti tip device - it sounds like some of them are not safe in a moving vehicle if occupied.
Many are. I totally agree. And it doesn't help when their actions are backed up by people in authority and by others defending the actions of said authority figure.
Ultimately there is legal recourse. Doug Paulley used it. Others may well in future. And if that means prosecuting a few able-bodied self entitled then I'm all for it.
With the DfT and ORR interpreting the underlying legislation (Equality Act 2010) to not distinguish between mobility scooters and wheelchairs, I presume (dangerous, I know!) they had sought legal advice.
My citing of Doug Paulley v FirstGroup was in response to another poster asking how do you enforce a 'rule' requiring able bodied to vacate a disabled space if it's needed by a disabled person. We have the 'rule' which is railway byelaw 13, and we have a Supreme Court judgement on the steps transport providers and their staff should take to compel an intransigent able bodied person to move.
So in reality it’s left to the guard to do their best to try to resolve the situation. Which is exactly what this guard seems to have done, if (debatably) he was a little clumsy going about it.
Not just clumsy. He threatened police attendance, ejection, and then publicly humiliated Tanyalee Davis.
I'll concede he tried. He got it very wrong though.
Indeed.
In the absence of any relevant case law the advice might well have simply been that the position is unclear.
There are probably good policy reasons for allowing TOCs to distinguish between wheelchairs and scooters, some of which can be folded and some of which are equivalent of wheelchairs, @Bletchleyite alludes to this above.
The case itself makes it clear that there was no statutory obligation on the passengers to move. The (only) question looked at was the steps required to be taken in order for the transport operator to have discharged its responsibilities (again in terms of “reasonbleness”.).
For example it would be unlikely to be reasonable to delay a train in the high peak at Clapham Junction due to the impact on literally tens of thousands of other passengers.
The railway by-law point is interesting and seems untested (it might be worth starting a thread on the disputes/prosecutions forum: @yorkie and others might be able to shed more light). Again I suspect it will always back to a question of practical enforceability, whatever the letter of the law is.
The trains I drive are DOO and there is simply no staff member on board to instruct passengers to leave a wheelchair space (some wheelchair users are able to board without assistance so may not be accompanied by platform staff)
Yet there's no such requirement that classic shape wheelchairs have anti-tip devices. I know from my time refurbishing NHS wheelchairs how easy it is for them to tip backward. In our lunch break we used to muck about in the wheelchairs. Wheelies were easy to perform, but get it wrong and you are in A&E, concussed and getting stitches in a wound on the back of your head. Yep. That was me!
Not just clumsy. He threatened police attendance, ejection, and then publicly humiliated Tanyalee Davis.
I'll concede he tried. He got it very wrong though.
As I say, that’s debatable. We don’t know what happened before the filming started, and in the film there’s more than a little evidence of bad attitude from the pair in question.
Could us passengers have details of this attitude test please? It would help us stop failing it.![]()
Could us passengers have details of this attitude test please? It would help us stop failing it.![]()
I think that was because he objected to the filming and being sworn at by the bloke behind the camera phone.
The announcement (badly judged I concede) was also about the fact they were filming him and threatening to post online, from what I could hear of it.
If you film a member of staff, threaten to post the video online and swear at them, you’ve failed it !!!
Don't shout, don't swear, don't use aggressive body language that may indicate a physical threat. That's basically it.
Ah, so this test is don't break railway byelaws and section 5 of the Public Order Act? That's fair enough.
I don't see Tanyalee Davis and her husband being prosecuted.
Ah, so this test is don't break railway byelaws and section 5 of the Public Order Act? That's fair enough.
I don't see Tanyalee Davis and her husband being prosecuted.
Let’s play hindsight and let’s pretend you’re the guard in the situation. How would you have resolved it so that both passengers were happy?
For the record I agree the guard should have done better, but I’m not sure how (obviously not breaking the law would be a start!)
With the greatest respect it does seem much easier to deal with sat at home behind a keyboard. But it does sound like you would have had it all in hand.I wonder why the guard did not do what you said.Funny you should ask. I was considering asking the esteemed members of this forum just that.
Now, I have a working knowledge of the Equality Act so that would have been my starting point. I would have told the Mum that the other lady is disabled and she is allowed to have her mobility aid occupy that space. The seat next to the space is for a disabled person or their companion. In no circumstances is the space to be used for prams, pushchairs, other passengers' luggage. And the adjacent seat may only be occupied by an able bodied person if it is not required for a disabled person or their companion. Once that has been explained I would help mum find a space elsewhere on the train. (In the incident under discussion the TM is reported to have said there were seats available elsewhere. Tanyalee Davis has said in interview there were other seats free in 1st Class). I would also help mum with her pram, baby seat and other luggage. Once settled I would apologise to her (whether such an apology is justified or not) and empathise about the difficulties of traveling with a baby. Coupled to that I'd liaise with the catering staff and ensure refreshments are brought to her seat. Doing so myself if necessary. (It was a Sunday so no 1st Class host, just a buffet staffer)
Now if mum decided what I was proposing wasn't enough and she started filming me and saying she was going to put it on social media, and she was going to complain to my superiors, I would say that I don't have a problem with that, I've told you why you can't use that space and I've offered to help you find elsewhere to settle. If she continues I would then retreat saying I have other duties to attend to, apologising to other passengers as I go, in particular to Tanyalee Davis and her partner.
The attitude test is nothing to do with railway byelaws, as well you know, and only partly to do with Sect 5 of the Public Order Act. It is a "test" used by countless individuals, official or otherwise, in dealing with recalcient and obstructive people. It is used by waiters in restaurants with stroppy customers, by nurses in AE against agressive patients, by Policemen in many situations, by shopkeepers, by level crossing keepers and funnily enough by Guards on the railway. If you really cannot understand what it is, and I suspect by some of your answers here, you don't want to, then you have probably been subject to it many times.
With the greatest respect it does seem much easier to deal with sat at home behind a keyboard. But it does sound like you would have had it all in hand.I wonder why the guard did not do what you said.
But why do you think he did not do what you said? Do you think he is just a bad person?It is and it does.
But you did ask.![]()
But why do you think he did not do what you said? Do you think he is just a bad person?